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25
U.S.C.A. § 1923
United States Code Annotated
Title 25. Indians
Chapter 21. Indian Child Welfare (Refs & Annos)
§
1923. Effective date
None of the provisions of this subchapter, except sections 1911(a), 1918, and 1919 of this title, shall affect a proceeding under State law for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement which was initiated or completed prior to one hundred and eighty days after November 8, 1978, but shall apply to any subsequent proceeding in the same matter or subsequent proceedings affecting the custody or placement of the same child.
CREDIT(S) (Pub.L. 95-608, Title I, § 113, Nov. 8, 1978, 92 Stat. 3075.)
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1978 Acts. House Report No. 95-1386, see 1978 U.S. Code Cong. and Adm. News, p. 7530.
American Digest System
Indians 
6(2),
32(11).
Key Number System Topic No. 209.
Where proceedings to terminate
mother's parental rights to children was initiated prior to effective
date, provisions of this chapter were not applicable on remand. E.
A. v. State, Alaska 1981, 623 P.2d 1210. Infants 132
Adult adoptee's petition to examine
her adoption records to establish her Indian heritage qualified as "subsequent
proceeding," within meaning of provision of Indian Child Welfare
Act regarding adult adoptee's entitlement to information regarding biological
parents. Matter of Hanson, Mich.App.1991, 470 N.W.2d 669, 188 Mich.App.
392. Indians 6.10
Dispositional hearing held on
Feb. 12, 1980, was continuation of hearing held Oct. 30, 1978, which was
itself continued from hearing held Dec. 22, 1977, following
appeal to district court from county court's finding that Indian child
was neglected and dependent and terminating parental rights of his natural
parents, and was not a subsequent proceeding in matter of termination
to which this chapter, which became effective May 7, 1979, applied, and
thus state was not required to comply with substantive and procedural
requirements of this chapter. Bird Head v. Tail, Neb.1981, 308 N.W.2d
837, 209 Neb. 575. Infants 132
Termination proceeding which was
initiated prior to enactment of this chapter, but which, because of order
holding petition for termination in abeyance for one year, was not concluded
until after this chapter became effective was a proceeding for "continuance,"
rather than a "subsequent proceeding," and was a proceeding
as to which this chapter did not apply. Matter of R. N., S.D.1981,
303 N.W.2d 102. Infants 132
Hearing required to be held in
superior court prior to entering a final decree of adoption would be a
"subsequent proceeding in the same matter," following adoptive
placement of natural grandparents' grandchildren, which would render this
chapter applicable and give superior court jurisdiction over claim by
natural grandparents that placement of Eskimo children in adoptive home
by Department of Health and Social Services deprived them of right, under
this chapter,
to preference in the adoptive placement. E. A. v. State, Alaska
1981, 623 P.2d 1210. Adoption 10
This chapter which established
minimum federal standards for removal of Indian children from their families
and which did not apply to adoptive placement initiated or completed prior
to 180 days after Nov. 8, 1978, did not apply insofar as finality of adoption
was concerned where final adoption hearing was held within 180 days after
Nov. 8, 1978, and action to vacate adoption, filed on Oct. 26, 1979, was
not a "subsequent proceeding" so that this section would be
applicable. Matter of Adoption of Baby Nancy, Wash.App.1980, 616
P.2d 1263, 27 Wash.App. 278, review denied. Adoption 16
25 U.S.C.A. § 1923, 25 USCA § 1923
Approved 07-28-05